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MINUTES - Council - 20110308 TOWN OF AURORA COUNCIL MEETING MINUTES Council Chambers Aurora Town Hall Tuesday, March 8, 2011 ATTENDANCE COMMITTEE MEMBERS Mayor Dawe in the Chair; Councillors Abel, Ballard, Buck, Gaertner, Gallo, Humfryes, Pirri, and Thompson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By-law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services/Treasurer, and Manager of Legislative Services/Deputy Clerk Mayor Dawe called the meeting to order at 7:01 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Abel Seconded by Councillor Buck THAT the agenda as circulated by the Customer and Legislative Services Department, with the following additional items, be approved:  Delegation (a) Catherine Marshall, Resident Re: Item 1(1) CLS11-003 – Procedural By-law Amendments  Delegation (b) Klaus Wehrenberg, Resident Re: Item 1(1) CLS11-003 – Procedural By-law Amendments  New Item 8, Memorandum from Techa van Leeuwen, Director of Building and By-law Services Re: Customer Service Strategy  New Item 9, Memorandum from Mayor Dawe Re: Correspondence from Lake Simcoe Region Conservation Authority – Board Meeting Highlights, February 25, 2011  New Item 10, Memorandum from John D. Leach, Director of Customer and Legislative Services/Town Clerk Re: Amendments to Procedural By-law/Open Forum, Section 3.1 CARRIED Council Meeting Minutes Tuesday, March 8, 2011 Page 2 of 11 III OPEN FORUM Klaus Wehrenberg, member of the previous Recreational Trails Sub-committee, informed Council that the sub-committee is currently in limbo and new sub- committee members have not been appointed for this term of Council. He advised that he has been contacted to attend a meeting of this sub-committee on Friday, March 11, 2011, but without being officially appointed to the sub- committee for this term, Mr. Wehrenberg is uncomfortable attending and would like this matter dealt with. The Director of Parks and Recreation Services advised that a report will be sent to the March 22, 2011 General Committee meeting providing recommendations to resolve this situation. IV ADOPTION OF MINUTES Council Meeting Minutes of February 22, 2011 Moved by Councillor Thompson Seconded by Councillor Abel THAT the Council meeting minutes of February 22, 2011 be adopted as amended by replacing the word “synopsis” with “statement” in the resolution for Item 1(9) – PR11-002 – 2011 Jazz Festival. CARRIED Special Council – Public Planning Meeting Minutes of February 23, 2011 Moved by Councillor Buck Seconded by Councillor Pirri THAT the Special Council – Public Planning meeting minutes of February 23, 2011 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Memorandum from Mayor Dawe Re: Ontario Heritage Trust Award Lieutenant Governor’s Ontario Heritage Award for Lifetime Achievement (25 years or more) Presentation to Mr. David Tomlinson Marco Ramunno, the Director of Planning and Development Services, advised that Mr. David Tomlinson is one of the recipients of the Lieutenant Governor’s Ontario Heritage Award for Lifetime Achievement Category for 25 years or more. He explained that Mr. Tomlinson has been instrumental in preserving and promoting Aurora’s natural heritage since the mid 1970s, inspired the creation of Aurora’s Environmental Advisory Committee and was one of its first members in 2003, and he also developed the Master Plan for the Aurora Community Arboretum to preserve and protect the natural heritage along the Holland River Valley. Mr. Ramunno advised that the Tomlinson family owns Merlin’s Hollow and, in 2008, Mr. Tomlinson opened Merlin’s Hollow to the public during the Doors Open Aurora event. He further advised that Mr. Tomlinson personally promotes the Town’s ecosystem by leading walking tours, promoting local tree- planting, and various environmental initiatives. Mr. Ramunno stated that, in 2009, Mr. Tomlinson was the recipient of the Ontario Heritage Trust Award in the Lifetime Achievement Category (20 to 24 years) and also was named the Aurora Citizen of the Year. Council Meeting Minutes Tuesday, March 8, 2011 Page 3 of 11 Mayor Dawe advised that on February 25, 2011, David Tomlinson received the Lieutenant Governor’s Ontario Heritage Award for Lifetime Achievement (25 years or more) at a ceremony that took place at Queen’s Park. Mayor Dawe advised that he had attended the ceremony on behalf of Council to witness Mr. Tomlinson receiving his award and is very proud that Mr. Tomlinson’s achievements in the preservation of Aurora’s natural heritage since the mid 1970s are well recognized. (b) Memorandum from Mayor Dawe Re: Aurora U-12 Girls Ontario Soccer Provincial Champions Mayor Dawe announced that the 1998 U-12 Girls Aurora Youth Soccer Club won a provincial championship and defeated North Mississauga to capture the Ontario Provincial Cup, a trophy that has been awarded since 1901. He advised that no other youth soccer team has done this in Aurora in 46 years and that this group of girls has never lost a league game since their inception in 2006. The Mayor explained that the team has travelled out of the province, to other parts of Canada as well as the United States where they have won other tournaments. Mayor Dawe congratulated Coach Purdy and the U-12 Girls Aurora Youth Soccer Club for their outstanding accomplishments. VI PUBLIC SERVICE ANNOUNCEMENTS Councillor Ballard advised that on May 11, 2011, Aurora will see the first Lieutenant Governor Simcoe’s Levy in honour of the Queen’s York Rangers. This is a fundraising event to raise funds for the Queen’s York Rangers Association which is establishing the Levant Fund for those soldiers who have served with the Queen’s York Rangers. Councillor Ballard advised that the Lieutenant Governor will be in attendance honouring the 40 men and women who have served in a number of combat zones around the world, away from families and loved ones, training to protect all that we hold dear to our lives. The event will be held May 11, 2011 at the Aurora Cultural Centre. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(1), 1(5), 3, 4, 5, 6, and 7 were identified as items requiring separate discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Items 1 (with the exception of subsections 1 and 5), 2, 8, 9 and 10 were identified as items not requiring separate discussion. Moved by Councillor Gallo Seconded by Councillor Abel THAT the following recommendations respecting the matters listed as “Items Not Requiring Separate Discussion” be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1. General Committee Meeting Minutes of March 1, 2011 THAT the minutes of the General Committee meeting of March 1, 2011 be received and the recommendations carried by the Committee be approved with the exception of Item 1 and Item 5. Council Meeting Minutes Tuesday, March 8, 2011 Page 4 of 11 2. Special General Committee Meeting – Operating Budget Minutes of February 28, 2011 THAT the minutes of the Special General Committee meeting of February 28, 2011 be received. 8. Memorandum from Techa van Leeuwen, Director of Building and By-law Services Re: Customer Service Strategy THAT the memorandum from the Director of Building and By-law Services regarding Customer Service Strategy be received for information. 9. Memorandum from Mayor Dawe Re: Correspondence from Lake Simcoe Region Conservation Authority Board Meeting Highlights, February 25, 2011 THAT the memorandum from Mayor Dawe regarding the Correspondence from Lake Simcoe Region Conservation Authority – Board Meeting Highlights, February 25, 2011 be received for information. 10. Memorandum from John D. Leach, Director of Customer and Legislative Services/Town Clerk Re: Amendments to Procedural By-law/Open Forum, Section 3.1 THAT the word “ratepayer” in section 3.1 of Council’s Procedural By-law be deleted and replaced with the word “person”. CARRIED IX DELEGATIONS (a) Catherine Marshall, Resident Re: Item 1(1) CLS11-003 – Procedural By-law Amendments Catherine Marshall raised concerns regarding the proposed Procedural By-law amendments, specifically the proposed amendments to the Closed Session, Open Forum, Delegations, and Notice of Motion sections. Ms Marshall requested that Council reconsider making the suggested changes to the current Procedural By-law. Moved by Councillor Ballard Seconded by Councillor Gallo THAT Council receive and refer the comments of the delegate to Item 1(1). CARRIED (b) Klaus Wehrenberg, Resident Re: Item 1(1) CLS11-003 – Procedural By-law Amendments Klaus Wehrenberg raised concerns regarding the proposed Procedural By-law amendments, specifically the proposed amendments to the Open Forum, Delegations, Presentations, Closed Session, Notice of Motion, Rules of Debate, Order of Business, and Delegations sections. Mr. Wehrenberg requested that Council consider his concerns and that his written comments be formally received by Council. Council Meeting Minutes Tuesday, March 8, 2011 Page 5 of 11 Moved by Councillor Ballard Seconded by Councillor Gaertner THAT Council receive the written comments and refer the comments of the delegate to Item 1(1). CARRIED X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1(1) CLS11-003 – Procedural By-law Amendments Moved by Councillor Thompson Seconded by Councillor Abel THAT the Delegation portion be removed from the motion until a review of the Procedural By-law is done in its entirety. CARRIED Moved by Councillor Thompson Seconded by Councillor Abel THAT the time for a member to speak to a motion without leave of Council be reduced to ten (10) minutes. CARRIED Moved by Councillor Thompson Seconded by Councillor Abel THAT the most inclusive term “person” be used in the Open Forum section of the Procedural By-law as amended. CARRIED Moved by Councillor Thompson Seconded by Councillor Abel THAT Open Forum not be considered a formal part of the Council meeting; and THAT Open Forum be held at 7:00 p.m. on Council meeting nights for a maximum of twenty (20) minutes being allotted with the formal Council meeting to start after Open Forum speakers are heard, if any. On a recorded vote the motion was CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Buck, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, Gallo, and Humfryes Moved by Councillor Thompson Seconded by Councillor Abel THAT Closed Session matters be considered at General Committee with recommendations to be ratified and reported out to the extent possible at the following Council meeting. On a recorded vote the motion was CARRIED. Council Meeting Minutes Tuesday, March 8, 2011 Page 6 of 11 YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Abel, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard and Gaertner Moved by Councillor Thompson Seconded by Councillor Abel THAT the By-law be amended so that reconsideration of a matter within six months of the time it was dealt with could be brought about by a two- thirds vote of Council. On a recorded vote the motion was CARRIED. YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Abel, Buck, Gallo, Humfryes, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard and Gaertner Moved by Councillor Thompson Seconded by Councillor Abel THAT Council approve the remaining motions: THAT presentations be limited to ten (10) minutes; and THAT Notice of Motion be provided in writing to the Clerk prior to 4:30 p.m. on the Thursday before Council for placement on the Council agenda for information only; and THAT the Clerk place the Motion on the subsequent Council agenda under “Motions for Which Notice Has Been Given” to be dealt with; and THAT sections 5.15 and 5.16 pertaining to motions to defer and refer be deleted and replaced with new sections; and THAT the practice of adopting General Committee minutes at a General Committee meeting following a Council meeting be discontinued; and That subsection 3.16 (a) of the By-law that states that a motion to adjourn does not require a seconder be deleted. CARRIED Council recessed at 9:00 p.m. and reconvened at 9:08 p.m. Moved by Councillor Ballard Seconded by Councillor Gaertner THAT Council waive the Procedural By-law to allow Klaus Wehrenberg to speak to Item 1(5). CARRIED Council Meeting Minutes Tuesday, March 8, 2011 Page 7 of 11 (b) Klaus Wehrenberg, Resident Re: Item 1(5) PR11-003 – Parkland and Trail Acquisition Strategy Klaus Wehrenberg raised concerns with Chapters 2, 4 and 8 of the summary of recommendations provided in the report and presented his recommendations. He commented that this strategy should be a shared responsibility between the Infrastructure and Environmental Services Department and the Parks and Recreation Services Department. Mr. Wehrenberg requested that Council consider broadening the strategy and that his written submission be formally received by Council. Moved by Councillor Buck Seconded by Councillor Gaertner THAT Council receive the written comments and refer the comments of the delegate to Item 1(5). CARRIED 1(5) PR11-003 – Parkland and Trail Acquisition Strategy Moved by Councillor Gaertner Seconded by Councillor Buck THAT the Parkland and Trail Acquisition Strategy be deferred until staff have prepared a closed session presentation of potential land parcels available for acquisition. DEFEATED Moved by Councillor Pirri Seconded by Councillor Humfryes THAT Council receive Report PR11-003; and THAT Council adopt the recommendations outlined in the report; and THAT Council direct staff to prepare a closed session presentation of potential land parcels available for acquisition. CARRIED 3. Deferred from Council Meeting of February 22, 2011 (Item 5) BBS11-001 – Award of Request for Proposal No. CLS2010-34 Customer Service Strategy Moved by Councillor Buck Seconded by Councillor Gallo THAT the item be deferred to the March 22, 2011 General Committee meeting. CARRIED Council Meeting Minutes Tuesday, March 8, 2011 Page 8 of 11 4. Deferred from Council Meeting of February 22, 2011 (Item 6) IES11-002 – Award of RFP NO. IES2010-73 – Architectural Consulting Services for a New Operations Centre Moved by Councillor Gaertner Seconded by Councillor Gallo THAT Council receive report no. IES11-002; and THAT Council approve the award of RFP No. IES2010-73 for the services of an architect for a facility and site space needs assessment, analysis, options, recommendations and preliminary design work in the amount $98,475, excluding taxes, to OneSpace Unlimited Incorporated in accordance with the Purchasing By-law. On a recorded vote the motion was CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Ballard, Gaertner, Gallo, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Abel, Buck, and Humfryes 5. Deferred from Council Meeting of February 22, 2011 (Item 7) IES11-005 – Implementation of a Work Order Management/Asset Management System (WAMS) Moved by Councillor Abel Seconded by Councillor Pirri THAT Council receive report no. IES11-005; and THAT Council authorize increasing the current contract with GHD Inc. by $152,825 to a revised amount of $231,445, excluding taxes, to support Phase 2 activities. CARRIED 6. Reporting out from Closed Session Meeting of February 22, 2011 Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Re: Morris v. Johnson et al. - Defamation Action Moved by Councillor Gallo Seconded by Councillor Pirri THAT the confidential recommendation from the Closed Session meeting of Council held on February 22, 2011 regarding the above matter be reported out and adopted. CARRIED Council Meeting Minutes Tuesday, March 8, 2011 Page 9 of 11 Reporting out from Closed Session Meeting of March 1, 2011 1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Re: Morris v. Johnson et al. - Defamation Action There was no reporting out on this matter. Reporting out from Closed Session Meeting of March 1, 2011 2. A proposed or pending acquisition or disposition of land by the municipality or local board; Re: 15059 Leslie Street Moved by Councillor Gallo Seconded by Councillor Pirri THAT the confidential recommendation from the Closed Session meeting of General Committee held on March 1, 2011 regarding the above matter be reported out and adopted. CARRIED Reporting out from Closed Session Meeting of March 1, 2011 3. Personal matters about an identifiable individual, including municipal or local board employees; Re: Memorandum dated March 1, 2011 from Neil Garbe, Chief Administrative Officer Moved by Councillor Gallo Seconded by Councillor Pirri THAT the confidential recommendation from the Closed Session meeting of General Committee held on March 1, 2011 regarding the above matter be reported out and adopted. On a recorded vote the motion was CARRIED. YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Abel, Buck, Pirri, Thompson, and Mayor Dawe VOTING NAYS: Councillors Ballard, Gaertner, Gallo, and Humfryes 7. Memorandum from Techa van Leeuwen, Director of Building and By-law Services Re: Ontario Society for the Prevention of Cruelty to Animals (OSPCA) 2010 Aurora Animal Care Control Program Results Moved by Councillor Thompson Seconded by Councillor Ballard THAT Council receive the Memo from the Director of Building and By-law Services, dated March 4, 2011 regarding Ontario Society for the Prevention of Cruelty to Animals 2010 Aurora Animal Care Control Program Results, for information. CARRIED Council Meeting Minutes Tuesday, March 8, 2011 Page 10 of 11 XI REGIONAL REPORT York Regional Council Highlights – February 17, 2011, Mayor’s Report Moved by Councillor Buck Seconded by Councillor Gallo THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS Councillor Buck provided a Notice of Motion regarding the 2011 Fire Department budget. Councillor Ballard provided a Notice of Motion regarding Council organizing a workshop for the review and revitalization of the Procedural By-law. Councillor Thompson provided a Notice of Motion regarding the Sponsorship Policy. Councillor Abel provided a Notice of Motion to direct staff to report on the value received on the platinum sponsorship for the Aurora Jazz Festival and that no funds be released until Council has received the report. Councillor Gaertner provided a Notice of Motion regarding the accuracy of meeting minutes. Councillor Humfryes provided a Notice of Motion regarding a budget overview workshop meeting. XIII CLOSED SESSION None XIV READING OF BY-LAWS Moved by Councillor Pirri Seconded by Councillor Thompson THAT the following listed by-law be given first, second, and third readings and enacted: 5300-11 BEING A BY-LAW to amend By-law Number 4835-06.C to govern the procedures of the Council of the Town of Aurora and its Committees and Boards (as amended) (Report CLS11-003 - GC - March 1, 2011) CARRIED Moved by Councillor Pirri Seconded by Councillor Humfryes THAT the following listed by-laws be given first, second, and third readings and enacted: Council Meeting Minutes Tuesday, March 8, 2011 Page 11 of 11 5311-11 BEING A BY-LAW to appoint members to the Aurora Library Board 5312-11 BEING A BY-LAW to appoint members to the Committee of Adjustment 5313-11 BEING A BY-LAW to appoint members to the Property Standards Committee 5314-11 BEING A BY-LAW to designate Conover Avenue from Borealis Avenue to Wellington Street East as a Community Safety Zone (Report IES11-006 - Council - February 22, 2011) 5316-11 BEING A BY-LAW to appoint members to the Accessibility Advisory Committee 5315-11 BEING A BY-LAW to confirm actions by Council Resulting from Council Meeting on March 8, 2011 CARRIED XV ADJOURNMENT Moved by Councillor Gallo THAT the meeting be adjourned at 10:18 p.m. CARRIED GEOFFREY DAWE, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING OF MARCH 8, 2011 RECEIVED FINAL APPROVAL AT COUNCIL ON MARCH 29, 2011.